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’* 7T y <br />f* <br />7/ <br />rf' 4 <br />HARDSHIP/DESCRIPTION OF UNUSUAL <br />PROPERTY CONDITIONS <br />MARGARET AND DAVID VERGEYLE, APPLICANTS AND OWNERS <br />1485 GREEN TREES RD., ORONO <br />D <br />Summary: After accounting for setbacks from street and lakeshore, <br />the remaining buildable area falls within the bluff impact zone. In <br />effect, if a setback to the bluff impact zone was also accounted for, <br />there would be no room to accommodate a dwelling. Without a <br />variance to the bluff impact zone setback, this property would <br />become unbuildable. Additionally, it appears a dwelling could not be <br />located on this property accommodating this setback because septic <br />system requirements would be impossible to meet. <br />The author of the Bluff Impact Zone regulations at the DNR has <br />reviewed the survey and proposed dwelling plans and admitted to <br />the unusual propertv conditions and did not object to this variance. <br />In August 1992, we found the lot at 1485 Green Trees Rd. and sought <br />the advice of an architect, builder and licensed surveyor as to the <br />potential to build on the desired site prior to entering a contract for <br />sale. The surveyor collected the building requirements from the city <br />of Orono and created a topographical survey which indicated all <br />setbacks. This showed the buildable area to be restricted to the area <br />now known as a bluff. (The Orono building permit specifications did <br />not then, and do not now indicate any special requirements for bluff <br />zones.) <br />The survey also indicated the lot had an encroachment and an <br />easement owned by the next door neighbors. The survey also <br />showed the lot to be slightly below the zoned minimum acreage. We <br />reviewed the topographical survey with the city of Orono and asked <br />the zoning administrator whether this was a buildable lot or not. She <br />responded in writing tnat the lot was approved as a buildable lot in <br />1980 and would remain so as long as it was returned to its full size <br />by removing the easement and the encroachment. The next door <br />neighbors agreed to remove their encroaching driveway at great <br />expense to themselves, and to release the easement. When all <br />appropriate documentation was in the hands of the title insurance <br />company ensuring that the land was now returned to a clear state, <br />we closed on the sale of this property—April, 1993.